§1003 — Title 29 Labor | U.S. Code

Summary

Employee benefit plans must follow these rules when they are set up or kept by an employer or by an employee group that does business in commerce or in an industry that affects commerce, unless subsection (b) or (c) or sections 1051, 1081, or 1101 say otherwise. The rules do not apply to certain plans: governmental plans (run by a government), church plans (run by a church) with no election under section 410(d) of title 26, plans kept only to meet workers’ compensation/unemployment/disability laws, plans kept mainly outside the United States for mostly nonresident aliens, or an unfunded excess benefit plan (see section 1002(36)). If a pension plan lets employees make voluntary contributions to accounts or annuities under section 408(q) of title 26, those accounts and contributions are usually not treated as part of the pension plan for most rules. But they still must follow the rules about exclusive benefit and fiduciary duties (sections 1103(c), 1104, and 1105) and the administration/enforcement rules in part 5 of subtitle B, and they are treated like a simplified employee pension under section 408(k).

Title 29, §1003

Labor — Source: USLM XML via OLRC

(a)Except as provided in subsection (b) or (c) and in section 1051, 1081, and 1101 of this title, this subchapter shall apply to any employee benefit plan if it is established or maintained—

(1)by any employer engaged in commerce or in any industry or activity affecting commerce; or

(2)by any employee organization or organizations representing employees engaged in commerce or in any industry or activity affecting commerce; or

(3)by both.

(b)The provisions of this subchapter shall not apply to any employee benefit plan if—

(1)such plan is a governmental plan (as defined in section 1002(32) of this title);

(2)such plan is a church plan (as defined in section 1002(33) of this title) with respect to which no election has been made under section 410(d) of title 26;

(3)such plan is maintained solely for the purpose of complying with applicable workmen’s compensation laws or unemployment compensation or disability insurance laws;

(4)such plan is maintained outside of the United States primarily for the benefit of persons substantially all of whom are nonresident aliens; or

(5)such plan is an excess benefit plan (as defined in section 1002(36) of this title) and is unfunded.

(c)If a pension plan allows an employee to elect to make voluntary employee contributions to accounts and annuities as provided in section 408(q) of title 26, such accounts and annuities (and contributions thereto) shall not be treated as part of such plan (or as a separate pension plan) for purposes of any provision of this subchapter other than section 1103(c), 1104, or 1105 of this title (relating to exclusive benefit, and fiduciary and co-fiduciary responsibilities) and part 5 of subtitle B of this subchapter 11 See References in Text note below. (relating to administration and enforcement). Such provisions shall apply to such accounts and annuities in a manner similar to their application to a simplified employee pension under section 408(k) of title 26.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Part 5 of subtitle B of this subchapter, referred to in subsec. (c), was in the original a reference to “part 5” and was translated as meaning part 5 of subtitle B of title I of Pub. L. 93–406, to reflect the probable intent of Congress.

Amendments

2002—Subsec. (c). Pub. L. 107–147 inserted “and part 5 of subtitle B of this subchapter (relating to administration and

Enforcement

)” after “co-fiduciary responsibilities)” and “Such provisions shall apply to such accounts and annuities in a manner similar to their application to a simplified employee pension under section 408(k) of title 26.” at end. 2001—Subsec. (a). Pub. L. 107–16, § 602(b)(2), inserted “or (c)” after “subsection (b)” in introductory provisions. Subsec. (c). Pub. L. 107–16, § 602(b)(1), added subsec. (c). 1996—Subsec. (b). Pub. L. 104–204, in concluding provisions, made technical amendment to references in original act which appear in text as references to section 1191b of this title. Pub. L. 104–191 inserted at end “The provisions of part 7 of subtitle B of this subchapter shall not apply to a health insurance issuer (as defined in section 1191b(b)(2) of this title) solely by reason of health insurance coverage (as defined in section 1191b(b)(1) of this title) provided by such issuer in connection with a group health plan (as defined in section 1191b(a)(1) of this title) if the provisions of this subchapter do not apply to such group health plan.” 1989—Subsec. (b)(2). Pub. L. 101–239 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–147 effective as if included in the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107–16, to which such amendment relates, see section 411(x) of Pub. L. 107–147, set out as a note under section 25B of Title 26, Internal Revenue Code.

Effective Date

of 2001 AmendmentAmendment by Pub. L. 107–16 applicable to plan years beginning after Dec. 31, 2002, see section 602(c) of Pub. L. 107–16, set out as a note under section 408 of Title 26, Internal Revenue Code.

Effective Date

of 1996

Amendments

Pub. L. 104–204, title VI, § 603(c), Sept. 26, 1996, 110 Stat. 2938, provided that: “The

Amendments

made by this section [enacting section 1185 of this title and amending this section and section 1021, 1022, 1024, 1132, 1136, 1144, 1181, 1191, and 1191a of this title] shall apply with respect to group health plans for plan years beginning on or after

January 1, 1998.” Amendment by Pub. L. 104–191 applicable with respect to group health plans for plan years beginning after

June 30, 1997, except as otherwise provided, see section 101(g) of Pub. L. 104–191, set out as an

Effective Date

note under section 1181 of this title.

Effective Date

of 1989 AmendmentAmendment by Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 7891(f) of Pub. L. 101–239, set out as a note under section 1002 of this title.

§1003 Coverage

Summary

Title 29, §1003

Notes & Related Subsidiaries

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References in Text

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Enforcement

Statutory Notes and Related Subsidiaries

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Amendments

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Citations & Metadata